SACRAMENTO — Discrimination against LGBTQ people in sex crime convictions will be outlawed under a new law signed by Gov. Gavin Newsom late Friday evening.
The measure, Senate Bill 145, will amend existing state law that allows judges to decide whether an adult convicted of having vaginal sexual intercourse with a minor should register as a sex offender in cases in which the minor is 14 years or older and the adult is not more than 10 years older than the minor.
Currently, adults who are convicted of having oral or anal sex with a minor under those circumstances are automatically added to the state’s sex offender registry. SB 145 will eliminate automatic sex offender registration in those cases and give judges discretion to make that decision.
Newsom’s decision to sign the legislation promises to have both a state and national political impact. Along with opposition from Republicans in the state Legislature, supporters of President Trump and far-right conspiracy theorists have seized on the bill in an attempt to use the measure as a political wedge issue and rallying cry, with some falsely claiming on social media that California is legalizing pedophilia.
Assemblyman Chad Mayes, an independent from Yucca Valley, warned fellow lawmakers about the potential political consequences just moments before he voted in favor of SB 145 on Aug. 31, the final night of the state legislative session.
“This is one of those bills you will take a political hit for,” said Mayes, who left the Republican Party in 2019. “But we also know that it’s righteous and just. This is the time to step up.”
Nice. People eay over focused on the 10 year gap. I cant imagine any judge would give a 24 year old a pass if they did that with a 14 year old.
And yet the Static-99 – which will be a key component in the state’s determination of registry tier – still includes a provision that marks anyone convicted of a same-sex crime as more “dangerous” than someone who commits a hetero-based crime.
So what if judges have discretion in certain cases to register someone or not? Judges are elected and every bit as political as the idiots who write these (and other) laws. Politics swing far more discretionary opinions and rulings than fairness or justice ever will, and the politics of the moment are that all those convicted of sex crimes – to include those only accused, whether convicted or not – must be screwed as hard as possible.
The registry is extremely costly and totally worthless toward its (supposed) purpose of reducing sex crime, primarily because it is based on the false premise that registrant recidivism is high. It will never be a useful tool for law enforcement or do one damn thing for public safety. No “reform” will change that any more than painting a house built on jello makes it sturdier.
I appreciate the efforts Janice, Chance, and all of ACSOL. Even so, I think too much effort is spent supporting mere cosmetic changes to the registry that never make any difference.
Scott Wiener admitted that once your place on the sexofender registry you cant find a job or place to live and have a hard time reiterating back into Society hows that not punishment they said it themselves.
People forced to register need to start documenting evertime politicians or law enforcement say the impact the register has on people once there forced to register they openly admitted its punishment.
Good luck
Re: CA SB145
California does not have a “Romeo and Juliet” law, protecting cases of high school aged relationships, wherein one individual surpasses the age of 18 (even for heterosexuals); it is technically Statutory Rape for any person to have sex with a minor, even if both/all participants are minors. Even for states that have Romero and Juliet laws, the age gap maximums are usually no more than 3-5 years.
The law pertains to the discretion of a judge to suspend the requirement of a convicted offender to have to register as an offender in cases in defined “consensual sexual acts”.
*** There is legally no such thing as a minor legally entering in to consensual sexual activities in the State of California
[Admitted slippery slope]: This law might be setting a type of associative precedent to challenge the Romeo and Juliet law at a later date ( with a 10 year maximum age gap) and/or District Attorney and politicians may seek a political “win” by purportedly defeating the number of registered sexual predators [by technicality, not actually]
Keep in mind these facts:
* it is not the case that all statutory rape offenses have mandatory jail time
* sexual criminals have a high rate of recidivism, that is, repeating similar acts
* previous law allowing judge discretion in relation to vaginal intercourse pertained, in practice, to cases wherein pregnancy resulted in the birth of a child for which the predator must provide financial support, and registering would preclude employment.
Not sure how this is ” INTENDED TO END DISCRIMINATION AGAINST LGTBQ” when it is about adults sleeping with minors. What is the difference between this and straight folks? Underage is underage. I am glad for reform and I am all for ending lifetime registration as I am an RO but why the out for those crimes? Yet, CP offenses are still tier 3…
At least a honest article in The NY Times on this now law. https://www.nytimes.com/2020/09/16/parenting/qanon-moms-misinformation.html
Kalifornia democraps throwing a bone instead of admitting the uselessness of the sex offense registry.
Public safety and victim’s rights have gone too far and will continue to wreck people’s lives. Oh no wonder the state’s on fire, THEY DID IT TO THEMSELVES!